Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

Record Details:

Title:
Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995
Date:
1996
Publisher:
Washington : U.S. G.P.O. : For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office
Volume:
Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995
Leaf #:
000134
Language:
English
Subjects:
Copyright -- United States, Copyright -- Motion pictures United States","Motion pictures -- Labeling United States","Motion pictures -- Conservation and restoration United States
Collection:
Government & Law and Books
Format:
Books
Contributor:
Boston Public Library
Sponsor:
Kahle/Austin Foundation and Omidyar Network
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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128 "Casablanca" or the original black and white version whichever suits their taste. As you know, the motto of the home video industry has long been "freedom of choice for American consumers" freedom to rent or purchase the films they wish to see, when they want to see them. VIII. H.R. 1248 RAISES SIGNIFICANT FIRST AMENDMENT QUESTIONS AND IS INCOMPATIBLE WITH THE U.S. LANHAM ACT The First Amendment and the Copyright Clause share the mutual goal of increasing the flow of information to the public. This important constitutional goal is thwarted by both the labeling and notification requirements in H.R. 1248. Even in the case of commercial speech, such as a videocassette box which advertises the film, the litmus test for the protection of commercial speech, laid out by the Supreme Court in Central Hudson Gas and Electric Corporation v. Public Service Commission of New York, 447 U.S. 55 (1980), is that the restrictions on speech must be the least intrusive to serve the governmental interest asserted. The requirements of H.R. 1248 are over broad, unnecessary and likely to confuse consumers. This bill also masquerades as a consumer bill. In fact, it is nothing of the kind. Modified versions of films are already labeled under the voluntary program to ensure the consumer is not confused. H.R. 1248 provides that a third party can be designated by the artistic author to object to a film. Why should a film be labeled based on the opinion of a third party? Are they looking out for the consumer? 13